Is the US in a Constitutional Crisis? California's AG Says Not Yet

By CalMatters

Published 1 month ago on

February 14, 2025

California AG Rob Bonta and other state attorneys general clash over definition of constitutional crisis amid Trump administration's executive actions. (CalMatters/Rahul Lal)

Democratic attorneys general disagree on whether Trump administration's actions constitute a constitutional crisis.
California has joined four lawsuits against Trump's executive orders, with judges issuing injunctions in all cases.
Republican leaders urge Trump to disregard court orders, viewing judicial constraints as illegitimate limits on executive power.

California Attorney General Rob Bonta sees a constitutional crisis looming as lawsuits play out over the Trump administration’s boundary-testing executive orders, but the Democrat so far believes the country has not passed that threshold.

Ana B. Ibarra

CalMatters

A crisis would require “a blatant, egregious failure to comply with a clear court order” by the Trump administration, Bonta said Tuesday at a gathering in Los Angeles with five other Democratic attorneys general.

That, Bonta said, hasn’t happened yet.

His opinion was one of the few points of disagreement between him and his counterparts from Arizona, Delaware, Illinois, Massachusetts, and New Jersey. They spoke to reporters at a roundtable during their two days of meetings in L.A.

Divided Views on Constitutional Crisis

Some of Bonta’s colleagues went further than him in indicating that they believe the nation is already undergoing a constitutional crisis. They spoke a day after news reports showed a federal judge found that the Trump administration continued to withhold some federal funds, despite a temporary court order prohibiting it from doing so.

“We have a real crisis in this country, and I think the American public needs to wake up and see that, because the harms that people are experiencing are unprecedented,” said New Jersey Attorney General Matthew Platkin. “They are extreme, and we, as has been said, are the last bastion of defense, protecting people from that reality.”

Arizona Attorney General Kris Mayes said Trump was carrying out a “coup against American democracy.”

Legal Battles and State Victories

The Democratic attorneys general have been filing lawsuits to contest Trump’s early executive orders, including his moves to end birthright citizenship and to broadly freeze federal funding.

So far, California has joined other states in four lawsuits against the Trump administration. In all four cases a judge has issued an injunction, blocking the federal administration from moving forward until the case is resolved in courts.

“We are 4-0 against the unconstitutional actions of this president,” said Mayes of Arizona.

Some Republican leaders have been outspoken in urging President Donald Trump to disregard certain court orders in the interest of carrying out his campaign promises. They view the crisis as courts illegitimately constraining the president’s power over the executive branch.

“Judges aren’t allowed to control the executive’s legitimate power,” Vice President J.D. Vance wrote on the social media platform X last weekend.

California sued the Trump administration 123 times during his first term office, and won several key cases, including rulings that upheld the Affordable Care Act and California’s clean air rules.

About the Author

Ana B. Ibarra covers health care for CalMatters. Her reporting largely focuses on issues around access to care and affordability.

About CalMatters

CalMatters is a nonprofit, nonpartisan newsroom committed to explaining California policy and politics.